CHARLESTON – A woman is suing General Motors in order to recover surviving spouse benefits under the Employment Retirement Income Security Act pension and disability plan.
General Motors Holdings, Prudential Financial Inc and Fidelity Investments were also named as defendants in the suit.
Larry L. Gibson worked for GM and married Carol Gibson on Aug. 9, 2008. They remained married until Larry Gibson's death on Sept. 9, 2012, according to a complaint filed June 18 in the U.S. District Court for the Southern District of West Virginia.
Carol Gibson claims she was entitled to the ERISA-mandated surviving spouse benefits upon her husband's death.
Despite requests for copies of the documents recording the terms of Larry Gibson's disability pension and other information, the defendants have repeatedly failed and refused to release the information, according to the suit.
Carol Gibson claims ever ERISA plan must require administrators to provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied; and afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.
The defendants did not provide any information required, according to the suit.
Carol Gibson is seeking compensatory damages. She is being represented by William V. DePaulo.
The case is assigned to District Judge John T. Copenhaver Jr.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-07841